Laws have been passed under both New Jersey and federal governments which prohibit discriminating on the basis of specified protected characteristics. Government and private employers in Montclair can be held liable under state and federal law depending on what kind of trait the discriminatory treatment was based upon.
How Does Employment Discrimination Occur?
Employment discrimination can occur if the employer treats an employee unfairly based on their membership in a category that is legally protected. Traits that employers can not use to evaluate you include race, national origin, gender, religion and familial status. In Montclair, New Jersey, in order to succeed on an employment discrimination claim, the plaintiff must show that the employer's intent in treating them differently was based on the protected status.
How can Employment Discrimination be Proven in New Jersey?
This can be proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Furthermore, employers may be held liable for firing someone or retaliating against them because they brought a discrimination lawsuit.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An attorney in Montclair, New Jersey can help you in filing on time, as well as pursuing other remedies that are available to you while your claim is pending.